H1B expiring in 04/2002. Forced to Change Jobs HELP!!!!!

D

dallas_007

Registered Users (C)
Q1) My H1B expires in 04/2002. I am changing my job right now. I have applied my GC with my previous employer and my PD was 02/2000 and I applied for I140. My I140 might approve anytime. It might take 2-3 months to apply for GC with my new employer again. According to new law, do I have to apply for GC before April 30 2001 in order to get H1 extension in case if I don\'t get I140 before my H1B expires?
 Please let me know.

Q2) Also even though my H1 was issued on 04/1996, I came to US in 08/1996 so will I get an extension till 08/2002. If I get extension till 08/2002 then is it OK if I file my new GC LC before 08/2002.
Please answer both questions

 Thanks in advance.

RM
 
No Title

I am not sure whether I can answer your questions but let me
share what happened to me which is kind of similar to what you
are facing now.

My 6 yr H1B expired on Feb 2001 and I joined company B in
Mar 2000. Company B applied for my labor in May 2000.
So as per the new rule, I thought I cannot apply for an H1B
extension. But my I140 from the old company was approved
just before I joined company B with a priority date of Jan. 1998.
My lawyer said that I can file for an extension based on the new rule
because my old priority date is still valid. My extension has been
filed and I am still waiting for a decision to be made by INS. Just a couple
of weeks before my I140 from Company B is approved with a recaptured
priority date of Jan 1998 and I filed for my 485 immediately.

So from my experience, I think if you get your I140 approved before
you join a new company, I think you will be able to file for an extension
beyond 6 yrs as long as there is difference of 1 year or more between
the old priority date and your 6 yr h1b expiry date.

For your second question, from what I have been seeing in this forum,
 you will also be able capture the time you were out of this country.

Hope this helps.
 
No Title

I think from what u described your 6 yr clock started from 08/1996, so it ends 08/2002. In order to get an extension using AC21 u need to apply for a Labor Certification before 08/2001 at least. Am not sure whether u can use the PD from your old Employer(if this i-140 is appvd) for an extension though...Please confirm with a GOOD lawyer.
 
No Title

Q1)
If you switch employers, it does not matter anything previously made. You need to apply for Green Card right away, actually before April 30th 2001.

Q2)
Then you H1b started on 08/96 and you have until 08/2002. So you need to file before 08/2001. There is one clause, which can be used, I think if you switch employers within 40 miles range you can use your LC, same one, but I-140 doesn\'t. In order to use the same Labor Certification you need to have a very clever lawyer to do this since you can lose more time.
 
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Hi guys,
    What is this April 31st deadline you are talking about.Suppose I file for my 485 in may \'2001 and suddenly get laid off .What are my chances of continuing my GC.Please help.My company is going to be boughtout.
 
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The deadline we are talking about is for a particular case. It is nothing related to other case or something. Ther is no April 31st. The month ends in 30th. If you get laid off, then you are doomed. The new law says that after 180 days after you applied for i-485 you can switch employers without affecting your GC process. So if you submit in May your i-485, you can switch by December 2001. If you get laid off before that date and you have a valid H1b for at least another 1.5 years, you can switch companies and start over your green card.
 
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